15 years ago
wizjp
Favorite Answer
If it's in the lease and you agree to pay it, sure is.
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14 years ago
reallypablo
I don't think so. The Delaware Landlord-Tenant Code mainly refers to pet deposits, but since this is non-refundable it isn't a deposit.
Here are some things the code says:
25 Del.C. 5311: "Except for an optional service fee for actual services rendered, such as a pool fee or tennis court fee, a landlord shall not charge to a tenant any nonrefundable fee as a condition for occupancy of the rental unit."
25 Del.C. 5101: [paraphrased] unless the code says otherwise, you can't bargain away tenant-rights in the lease
25 Del.C. 5514(i) goes into pet deposits a lot.
25 Del.C. 5141(20) defines pet deposits.
I would argue, based on the totality of the landlord-tenant code, that a landlord may only charge fees which are reasonably based on expenses the landlord incurs such as credit checks. Non-refundable pet deposits are in reality a fee for having a pet. Pet deposits (which can't exceed one month's rent for a lease of 1 year or more) are a landlord's only recourse for the inconvenience/wear/tear/etc. of renting to someone with a pet.
Then again, I am not a lawyer. You check it out for yourself though.
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15 years ago
JC
It sounds like your landlord is charging you a fee as opposed to a pet deposit which would be equivalent to a regular security deposit and he would be required to pay back once you leave, if there was no damaged caused by the pet. In that case, it sounds like he is going 'back door' and charging you something he shouldnt be. Contact your local housing authority.
The 2nd link is for contact phone numbers.
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15 years ago
whf3826
Yes, when you move out the apartment has to be completely cleaned and sanitized of all pet fur, dandruff, and urine/fecal matter before the next person moves in. If the next tenant moves in and becomes sick because he or she is infected by disease, parasites, or allergic to pets the previous renter had, the landlord could be sued for liability and medical costs.
Charging a "Pet Fee" is completely reasonable.
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15 years ago
Red
If you have pets? Yes.
If you signed a lease saying that you agreed to pay a non refundable pet fee? Double yes.
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15 years ago
Roll_Tide!
Yes. like it or not pets cause damage, and he has the right to recover the cost. Don't like it, move or get rid of the pet.
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15 years ago
Qextor
If not, there should be. It takes awhile to clean up after a pet, even when there hasn't been any actual damage.
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15 years ago
Just Me
Yes, if you have a pet, it's legal.
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15 years ago
davidmi711
Yes.
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15 years ago
katwalker
Yes.
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15 years ago
Sassy Diva
Absolutely yes, if you have pets.
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